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Terms os Service

Last updated: October: October 31, 2023.

These Terms of Service constitute a legally binding agreement between you (“Clients” or “Taskers”, collectively, “Users”) and Near Tasks, Inc. and governs the use of the Near Tasks Platform, which includes the websites (www.neartasks.ai), mobile applications, and other related services, information, and communications (collectively referred to as the “Platform”).

1. ACCEPTANCE OF TERMS

Near Tasks, Inc. (“Near Tasks”) is a corporation incorporated in the State of Delaware, enabling Clients to seek short-term services (“Tasks”) through the Platform assigned by Near Tasks from a pool comprised of eligible Taskers. “Clients” are individuals or businesses seeking to obtain completion of Tasksfrom Taskers. “Taskers” are individuals or businesses seeking to perform such Tasks. The Platform facilitates the connection of Clients’ Tasks and Taskers by allowing Clients to fund and post Tasks to be completed on a Task Feed.

The use of all personal data submitted or collected is governed by the Privacy Policy. You acknowledge that you have reviewed the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms of Service.

IF YOU DO NOT AGREE TO BE BOUND BY THIS TERMS OF SERVICE NOW OR IN THE FUTURE AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE PLATFORM.

THESE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW. BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS TERMS OF SERVICE AND YOU ACCEPT ALL OF ITS TERMS.

2. MODIFICATION OF TERMS OF USE

Near Tasks reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. The most current version of these Terms will be posted on this site with the last date of update shown above. You shall be responsible for reviewing and becoming familiar with any modifications. Use of the Platform after modification constitutes acceptance of the Terms of Service as modified.

3. ELIGIBILITY

You represent and warrant that you: (a) are of legal age to form a binding contract in your jurisdiction; (b) have not previously been suspended or removed from using the Platform; and (c) have full power and authority to enter into this Terms of Service and in doing so will not violate any other agreement to which you are a party. If you are using the Platform on behalf of a legal entity, you further represent and warrant that (x) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (y) you are duly authorized by such legal entity to act on its behalf.

4. PLATFORM USE AND CONFIDENTIAL INFORMATION

You expressly acknowledge, agree, and understand that the Platform is an intermediary and has no control over the quality, safety, or legality of Tasks, and the ability of Taskers to perform Tasks to Clients’ satisfaction. Taskers are not employees of Near Tasks and Near Tasks does not supervise, direct, or control Clients or Taskers or services performed or delivered by Taskers. Near Tasks will not have any liability or obligations for any acts or omissions made by you or any Users. Near Tasks has no control over any Users and makes no representation as to the reliability, capability, or qualifications of any User or the quality, security, or legality of any services performed by Taskers, and disclaims any and all liability relating thereto. Use of the Platform is at your own risk. 

The term “Confidential Information” means any and all of Clients or Near Tasks’ trade secrets, confidential and proprietary information, and all other information and data of Clients or Near Tasks that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential information shall include technical data, know-how, research, product plans, products, services, customers ,markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary materials and confidential information relating to Client’s or Near Tasks  ibusiness, operations or properties, including information about Client’s or Near Tasks’ staff, users, partners, or any other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.

You acknowledge that Confidential Information is a valuable asset of Client and Near Tasks, and agree that you will not disclose, transfer, or use or seek to induce others to disclose, transfer or use, any Confidential Information for any purpose other than use of the Platform under these Terms of Service. You may disclose Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of the Confidential Information. You must use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You will promptly notify Near Tasks in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of any Confidential Information. Upon request, you will delete or return all originals and any copies of any and all materials including Confidential Information to Near Tasks promptly upon deactivation of your account linked to the Platform or termination of this Agreement for any reason.

5. CLIENT OBLIGATIONS

As a Client, you agree that: (a) you will in a professional and courteous manner accurately describe your Task and provide all reasonable information to enable Task completion at your expected quality; (b) you may only use the Platform for business, commercial, or research purposes; (c) you may not have Taskers perform Tasks through venues other than this Platform; (d) Task Set budget is due before the Task Set goes live on the platform; (e) payment is not refundable; (f) you will not post a task that violates any part of these Terms of Service.

As used in these Terms of Service, Task Set is a task order that Client places on the platform. This includes data and any instructions that constitute Tasks due for completion on the platform.

6. TASKER OBLIGATIONS

As a Tasker, you agree that: (a) you will in a professional and courteous manner, and provide reasonably requested information in connection with your performance of Tasks; (b) you will perform Tasks in a competent and professional manner; (c) you will supply complete, accurate, non-malicious information for all Tasks you perform; (d) you will not perform Tasks through venues other than this Platform; (e) you will not submit anything that violates these Terms of Service; and (f) your work can be rejected for good cause and you may not dispute any rejection of a submission made through the Platform, and you may not be paid if your submission is rejected with good cause.

7. FEES AND PAYMENTS BY CLIENTS

Tasks contracted through the Platform may be subject to a fee payable to NEAR Tasks (the “Fee”). Fees shall be paid by Client and shall be due upon submitting a Task Set through the Platform. The Fee is refundable in the event that: (i) Client is dissatisfied with the quality output of the Task Set and submits a request for review within 30 days of completion of the Task Set. In all cases, Near Tasks, in its sole discretion, determines whether or not Client is eligible for a refund of the Fee.

8. WORK PRODUCT AND WORK FOR HIRE OF TASKERS

Tasker will perform all services in relation to the Tasks in a professional manner and deliver any agreed upon tangible or intangible results or deliverables, including, but not limited to, configurations, computer programs, software, applications, or other information, and any intellectual property developed in connection therewith (“Work Product”). Where applicable, Work Product must be submitted in open source format.

Any Work Product performed by Tasker is a “work made for hire” for the benefit of the Client. Tasker’s Work Product, including without limitation all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction (“Intellectual Property Rights”) in the Work Product, will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof. If Tasker has any intellectual property rights to the Work Product that are not owned by Client upon Tasker’s receipt of payment, Tasker automatically and irrevocably assigns to Client all right, title and interest worldwide in and to such intellectual property rights. Except as set forth above, Tasker retains no rights to use, and will not challenge the validity of Client’s ownership in such intellectual property rights. Tasker hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Work Product.

Tasker agrees that it will not incorporate into Work Product or otherwise supply Client any deliverable for which the use or distribution of the code will create (or purport to create) obligations for Client to grant any rights or immunities under Client’s intellectual property to any third-party, including without limitation any obligation that the Work Product or Client software combined with, derived from, or distributed with such Work Product (i) be disclosed or distributed in source code form, (ii) be licensed for the purpose of making derivative works, or (iii) be redistributable at no charge.

9. TASKERS AS INDEPENDENT CONTRACTORS

Taskers perform Tasks in their personal capacity and as an independent contractor and not as an employee of Client or Near Tasks. As a Tasker, you agree that: (i) you are responsible for and will comply with all applicable laws, related tax liabilities, and registration requirements, including those applicable to independent contractors and maximum working hours regulations; (ii) these Terms do not create an association, joint venture, partnership, franchise, or employer/employee relationship between you and Client, or you and Near Tasks; (iii) you will not represent yourself as an employee or agent of either Client or Near Tasks; (iv) you will not be entitled to any of the benefits that Client or Near Tasks may make available to its employees, such as vacation pay, sick leave, and benefits, including group health insurance or retirement benefits; and (v) you are not eligible to recover worker’s compensation benefits in the event of injury. As an independent contractor, Tasker is free at all times to provide services to persons or businesses other than Client, including any competitor of Client. Tasker does not have authority to enter into written or oral (whether implied or express) contracts on behalf of Client or Near Tasks. As a Client, you will not engage a Tasker in a way that may jeopardize Tasker’s status as an independent contractor performing Tasks for you. Clients may not require any exclusive relationship.

10. SERVICE CONTRACTS

As used in these Terms of Service, a “Service Contract” means, as applicable, contractual provisions created by Client that govern services performed through the Platform, which typically includes a description of the Task, the amount and type of currency used for compensation, fees, and other relevant details. The formation of a Service Contract will not, under any circumstance, create an employment or other service relationship between Near Tasks and Client or Near Tasks and Tasker. You acknowledge and agree that a legally binding contract is formed when a Service Contract is formed, which also includes the relevant terms set forth in these Terms of Service, which do not expand upon or restrict Near Tasks’ rights under these Terms of Service.

11. PAYMENT

In order to use the Platform, Taskers must provide their NEAR wallet addresses. For Taskers, the Platform operates with NEAR tokens (“NEAR”). Payment to Taskers in NEAR will occur upon submission and review of completion of Tasks. Acceptance of a Tasker’s Work Product is at the sole discretion of NEAR Tasks. Taskers agree to be paid for their services in NEAR Tokens. Tasker, and not Near Tasks, shall assume all risks associated with receiving NEAR Tokens as payment, including but not limited to:

  • Cryptocurrencies or crypto tokens like the NEAR token, are subject to volatility and fluctuations in cryptocurrency markets, which could result in the value of the NEAR Token increasing or decreasing.

  • Regulatory uncertainty, changes or actions may also have a negative impact on the value of crypto tokens and may result in a crypto token having little or even no value.

  • NEAR tokens are subject to the risks associated with the NEAR Platform, which may not be fully developed or may not achieve the expected level of adoption or success.

  • The laws, regulations and directives governing distributed ledger technologies, cryptographic tokens such as the tokens and the Organization Platform are uncertain, and regulations or policies may materially adversely affect the Organization Platform and as a result, the value of the NEAR token.

  • The tax treatment for crypto tokens is complex and there may be adverse tax consequences upon certain future events. Tasker is responsible for seeking advice and complying with all applicable tax laws. Near Tasks is not responsible for any tax liability arising out, or in connection to, payment of services provided herein.

12. RESTRICTIONS ON USE

Unless otherwise expressly authorized in these Terms of Service, you may not take any action to interfere with the Platform or any other User’s use of the Platform or decompile, reverse engineer or disassemble any content or other products or processes accessible through the Platform, nor insert any code or product or manipulate the content in any way that affects any User’s experience. While using the Platform you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, we expect users of the Platform to respect the rights and dignity of others. Your use of the Platform is conditioned on your compliance with the rules of conduct set forth in this Section.

You may not use, or cause or encourage others to use the Platform for any illegal, harmful, fraudulent, infringing, or objectionable activities, including but not limited to:

  • Collecting personally identifiable information

  • Using the Platform to generate click-through traffic

  • Disrupting, manipulating, or degrading the operation of the Platform

  • Phishing, spamming, or pharming

  • Unsolicited contact of other Users or other abusive behavior

  • Advertising or marketing activities, including Tasks requiring registration through another platform or medium

  • Infringing or misappropriating the rights of others, including Tasks that require violating the terms of any other platform or medium

  • Posting or transmitting any content that is illegal, fraudulent or otherwise objectionable

  • Disrupting, manipulating, or impairing the operation of the Platform

  • Scraping data or content from the Platform

  • Creating a security risk for Near Tasks or any User, including posting Tasks that require downloading harmful content or malicious code

  • Performing or requesting Tasks through other mediums

13. WARRANTY DISCLAIMER

You expressly understand and agree that use of the Platform is at your sole risk. The Platform is provided on an “AS IS” and “as available” basis, without warranties or any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You release Near Tasks from all liability for content you acquired or failed to acquire through the Platform.

14. CRYPTOGRAPHIC RISKS

By utilizing the Platform, you represent that you understand the inherent risks associated with cryptographic systems and warrant that you have a requisite understanding of the usage and intricacies of public/private key cryptography, native cryptographic tokens, protocols, and smart contract based tokens.

15. PLATFORM SECURITY, ERRORS, BUGS, AND DOWNTIME

You acknowledge that NEAR applications have code which may be subject to flaws and acknowledge that you are solely responsible for evaluating any available code provided. You further expressly acknowledge and represent that applications can be written maliciously or negligently, and that Near Tasks cannot be held liable for your interaction with the Platform. You acknowledge and accept that the Platform (i) may content bugs, errors and defects, (ii) may function improperly or be subject to periods of downtime and unavailability; (iii) may result in total or partial loss or corruption of data used in the Platform; and (iv) may be modified at any time, including through the release of subsequent versions, all with or without notice.

16. INDEMNITY

You agree, to the fullest extent permitted by applicable law, to release and to indemnify, defend and hold harmless Near Tasks and its parents, subsidiaries, affiliates, and officers, directors, employees, shareholders, and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from: (i) your use of the Platform; (ii) your violation of these Terms of Service; (iii) any of your act or omissions that implicate publicity rights, defamation, invasion of privacy, confidentiality, intellectual property rights or other property rights; (iv) any misrepresentation by you; and (v) any disputes or issues between you and any third part. Near Tasks reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and in such case you agree to cooperate with Near Tasks in the defense of such matter.

17. LIMITATION ON LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE USING THE PLATFORM MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NEAR TASKS NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR REPRESENTATIVES OF ANY OF THE FOREGOING ENTITIES, OR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF NEAR TASKS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE PLATFORM; THE USE OR THE INABILITY TO USE THE PLATFORM; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS SENT TO US; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS IMCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE PLATFORM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

18. LICENSES

Near Tasks grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Platform. This license does not include any resale or derivative use of the Platform. All rights not expressly granted in these Terms of Service are reserved and retained by Near Tasks or its licensors. The Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Near Tasks. You may not utilize any trademark, logo, or other proprietary information of Near Tasks without express written consent. You may not misuse the Platform. You may only use the Platform as permitted by applicable law. All licenses granted by Near Tasks will terminate if you do not comply with the Terms of Service. Near Tasks retains all right, title, and interest in and to all Intellectual Property Rights in and to the Platform.

When you post or submit any data, feedback, content, text, photographs, images, or other information to any part of the Platform (“User Content”), you represent and warrant that you have the right, power, and authority to post that User Content and grant the licenses therein. You further represent and warrant that by posting or providing such User Content, you have not and will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights, rights of publicity, or privacy rights. To the extent any User Content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such User Content and that Near Tasks may exercise its rights to the User Content under the Terms of Service without any liability or obligation for any payment. 

You retain all ownership rights in any User Content posted through the Platform. To the extent permitted by applicable law, you also grant to Near Tasks and its successors and affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Platform (and its successors’ and affiliates’) business, including, without limitation, for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your User Content through the Platform and to use, reproduce, distribute, display, and perform such User Content to the extent permitted through the normal functionality of the Platform and subject to all applicable confidentiality and other provisions of these Terms of Service, the Privacy Policy, and applicable law.

The licenses to User Content granted by you in these Terms of Service will terminate within a commercially reasonable time after you remove or delete your User Content from the Platform, except that you grant Near Tasks and its successors and affiliates an irrevocable and perpetual license to retain and use, but not publicly display or distribute, archival copies of all User Content that you have removed or deleted to the extent permitted by applicable law.

19. TERMINATION

Near Tasks may terminate or suspend all or part of the Platform without prior notice or liability if you breach any of the Terms of Service. We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of the Platform.

The following provisions will survive any termination of these Terms of Service: INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.

20. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to these Terms of Service. The Terms of Service will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between any Users and Near Tasks, except solely to the extent expressly stated in these Terms of Service.

21. NOTICE AND PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS

If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please reach out to info@neartasks.ai.

22. BINDING ARBITRATION AND CLASS ACTION WAIVER

The parties shall use their best efforts to engage directly to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.

If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the initial dispute resolution provision noted above begins, then either party may initiate binding arbitration as a sole means to resolve claims, subject to the terms set forth below. The informal dispute resolution will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you provided to Near Tasks. Near Tasks’s address for such notice is:


Near Tasks Inc.
2810 N Church St
PMB 78551
Wilmington, DE 
19802-4447

IN EXCHANGE FOR THE BENEFITS OF A SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND NEAR TASKS MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION SECTiON IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.

Arbitration between the parties is governed by the Federal Arbitration Act (“FAA”) and this section survives the termination of these Terms of Service.

To the fullest extent permitted by applicable law, you and Near Tasks agree to arbitrate any and all disputes and claims relating to, arising from or regarding your use of the Platform, your relationship with Near Tasks, Tasks, or these Terms of Service (including all previous versions), including disputes and claims by and against Near Tasks and its affiliates.

To the fullest extent permitted by applicable law, this includes, but is not limited to, claims related to payments, any city, county, state or federal wage and hour law, compensation, meal or rest breaks, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, personal injury, property damage or loss, emotional distress, any promotions or offers made by Near Tasks; breach of any express or implied contract or breach of any express or implied covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone consumer Protection Act and Fair Credit Reporting Act; claims arising under the Fair Labor Standards Act, Civil Rights Act, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act, and state or local statutes, if any, addressing the same or similar subject matters; and all other federal, state or local statutory and common law claims.

If there is a dispute about the arbitrability of any claim, you and Near Tasks agree that this threshold dispute shall be resolved by the arbitrator.

YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND NEAR TASKS ARE WAITING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS. 

The parties agree that any arbitration or other permitted action shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND NEAR TASKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its Intellectual Property Rights excluding privacy or publicity rights. Either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

23. RELEASE

You release Near Tasks, its affiliates, and its respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual or consequential) of every kind and nature, known or unknown, arising out of or in any way connected with any dispute you have with another User, whether at law or in equity.

24. GENERAL INFORMATION

These Terms of Service (and any additional terms, rules and conditions of participation that Near Tasks may post on the Platform) constitute the entire agreement between you and Near Tasks with respect to the Platform and supersedes any prior agreements, oral or written, between you and Near Tasks. In the event of a conflict between these Terms of Service and any additional terms, rules and conditions of participation, the latter will prevail over the Terms of Service.

The failure of Near Tasks to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should give effect to the intent of the parties as reflected in the provision, and other provisions of the Terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Platform or the Terms of Service must be filed within one (1) year after the date the claim or cause of action arose.

25. INTERNATIONAL USERS

The Platform is controlled, operated and administered by Near Tasks, a Delaware corporation. This is not intended to subject Near Tasks to the laws or jurisdiction of any state, country or territory other than the State of Delaware. Near Tasks does not represent or warrant that the Platform or any part thereof is appropriate or available for use in any particular jurisdiction other than the State of Delaware. Those who access the Platform do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to the State of Delaware export controls and are responsible for any violations of such controls, including without limitation any State of Delaware embargoes or other federal rules and regulations restricting exports. Near Tasks may limit the Platform’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.